Terms of Service – Effective March 1, 2017

1. General Information Regarding These Terms of Use

Master terms: Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that Innovate+Educate (I+E) operates, whether under the I+E brand or otherwise.

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and I+E in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and I+E. The contract governs your use of all websites operated by I+E, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

2. Your Agreement to the Terms

YOUR ACCESS TO OR USE OF ANY THE SERVICES SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms. If you do not agree to the Terms, you are not authorized to use any Services.

Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.

3. Changes to the Terms

From time to time, I+E may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

4. No Professional Advice

I+E is not a human resource firm, replacement for a qualified career counselor, education provider, employer consultancy, research firm, or law firm. Communicating with us in any way, whether via email, phone, social media, or other methods, or using any of the Service does not constitute professional advice or replace professional services available from other vendors, platforms, and resources.

Our assessment development and research methodology: I+E adheres to a process focused on rigorous research methodology and statistical analysis in the development of our assessments. Our assessments meet the standards set forth by the U.S. Department of Labor Uniform Guidelines, the American Psychological Association (APA) and the Society for Industrial Organizational Psychology (SIOP) Principles for the Validation and Use of Personnel Selection Procedures.

Under the Uniform Guidelines on Employee Selection Procedures (1978), employers are ultimately responsible for maintaining fair and equitable hiring practices. Our assessments are useful tools for hiring and promoting employees. Like any other assessment, however, its use within selection processes must be appropriate, relevant, and justifiable. Decisions regarding remain solely with the employer, who should use a combination of assessments, interviews, and/or other selection procedures in order to hire job applicants or to make other employment decisions.

Human-readable summary of Sec 4: Some of us are experts, but we aren’t your experts. Please consult your own professionals and experts if you need advice. If you use our services to make hiring or other “high stakes” decisions, it is your responsibility to be sure your processes follow the law.

5. Content and Analysis Available through the Services

Provided as-is: You acknowledge that I+E does not make any representations or warranties about the material, analysis, data, recommendations, and information (collectively, the “Content”) which you may interact with as part of, or through your use of, the Services. Under no circumstances is I+E liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services.

You agree that you are solely responsible for how you interpret and use Content made available through the Services. It is your responsibility to ensure use of I+E, and any Content provided, complies with your local legal hiring laws, guidelines, and regulations.

Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation.

6. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Removal: I+E may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion.

Human-readable summary of Sec 6: You are responsible for any content you upload to our sites. We reserve the right to delete any content that we believe is offensive, defamatory, or otherwise inappropriate without notice at any time.

7. Participating in our Community: Registered Users

By registering for an account through any of the Services you represent and warrant that you (1) are the age of majority in your jurisdiction (typically age 18) or, (2) are over the age of 13 and have the express permission of a legal guardian to obtain an account and to use Services in connection with the account. Services offered to registered users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website(s).

Registration: You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is permitted), (b) maintain the security of your passwords and identification, promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.

Termination: I+E reserves the right to modify or discontinue your account at any time for any reason or no reason at all.

Human-readable summary of Sec 7: Please do not register for an account on our sites unless you are 18 years old, or over 13 with the consent of your parents. I+E has the right to end your account at any time. You are responsible for use of your account. And of course, please do not set up an account for someone else unless you have permission to do so.

8. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:

You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’ s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Harming others:

You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; You may not intimidate or harass another through the Services; and, You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access:

You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services; You may not use or attempt to use another’ s account or personal information; and, you may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

Human-readable summary of Sec 8: Play nice. Be yourself. Don’ t break the law or be disruptive.

9. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I+E OFFERS (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. I+E DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY I+E ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I+E DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 9: I+E does not make any guarantees about the sites, services, or content available on the sites.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL I+E BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF I+E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I+E IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of Sec 10: I+E is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.

Human-readable summary of Sec 11: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay I+E for the damage it causes.

12. Privacy Policy

I+E is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

Human-readable summary of Sec 12: Please read our Privacy Policy. It is part of these terms, too.

13. Termination

By I+E: I+E may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by I+E at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services terminates automatically upon your breach of any of the Terms.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.

Human-readable summary of Sec 13: If you violate these terms, you may no longer use our sites.

14. Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of the State of New Mexico in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between I+E and you concerning these Terms, and/or any of the Services may only be brought in a federal or state court of competent jurisdiction sitting in the New Mexico, and you hereby consent to the personal jurisdiction and venue of such court.

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and I+E as a result of the Terms or from your use of any of the Services.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and I+E relating to this subject matter and supersede any and all prior communications and/or agreements between you and I+E relating to access and use of the Services.

Human-readable summary of Sec 14: If there is a lawsuit arising from these terms, it should be in New Mexico and governed by New Mexico law.

Innovate+Educate: Data Security Breach Protocol

I. PURPOSE

The purpose of Innovate+Educate’s Data Security Breach Protocol is to outline the steps taken in case of a known Data Security Breach.

II. PROTOCOL FOR RESPONDING TO POTENTIAL OR ACTUAL BREACHES

A. Definitions

1. Security Breach. An incident of unauthorized access to and acquisition of unencrypted and unredacted records or data containing personal information where illegal use of the personal information has occurred or is reasonably likely to occur or that creates a material risk of harm to an individual. Any incident of unauthorized access to and acquisition of encrypted records or data containing personal information along with the confidential process or key shall constitute a security breach. Good faith acquisition of personal information by an employee or agent of the organization for a legitimate purpose is not a security breach, provided that the personal information is not used for a purpose other than a lawful purpose and is not subject to further unauthorized disclosure.

2. Identifying Information. The following is considered identifying information:

3. Personal Information. A person’s first name or first initial and last name in combination with identifying information.

B. Breaches and Notification

I+E will take all reasonable steps to prevent security breaches with respect to personal and identifying information, as defined above.

1. Internal Notification. Any individual who becomes aware of a suspected or actual security breach (“breach”) must report the matter immediately by emailing tech@innovate-educate.org.

2. External Notification.

a. Required Notification to Affected Individuals.

The organization will notify affected individuals of actual security breaches. Each suspected security breach will be reviewed the Employment Tech Division. If it is determined that a security breach occurred, the organization will take appropriate action that will include the following:

Notifying affected individuals, with the following information:

a) The incident in general terms;b) The type of identifying information that was subject to the unauthorized access and acquisition;c) The general acts of the organization to protect the personal information from further unauthorized access.

Notice to affected persons may be provided by electronic notice for those persons for whom the organization has a valid email address and who have agreed to receive communications electronically if the notice provided is consistent with the provisions regarding electronic records and signatures for notices legally required to be in writing set forth in 15 U.S.C. § 7001, or

NOTE: The determination of whether and for how long to offer this service will depend on the nature and extent of the potential or actual breach. The determination will be made by the organization.

3. Delayed Notice. Notice shall be delayed if law enforcement informs the organization that disclosure of the breach would impede a criminal investigation or jeopardize national security

4. Substitute Notice. Substitute notice may be given if:

a. The cost of providing the notice exceeds $25,000;b. The number of affected persons is greater than 50,000; orc. The organization does not have the necessary contact information to notify the individual in any of the aforementioned manners.

III. INSTITUTIONAL ACTIONS

At least annually, the organization will review the Data Security Breach Protocol for adherence to best practices.

IV. EFFECTIVE DATE

This protocol is effective January 1st, 2017.

Revised: January 17, 2017

This policy is maintained by the Employment Tech Division of Innovate+Educate.